NOTICE, FREQUENCY Sample Clauses

NOTICE, FREQUENCY. AND AMOUNT OF ADVANCES; EFFECT OF DRAW REQUEST. Each Draw Request shall be submitted to Agent at least five (5) Business Days prior to the date of the requested Advance, and no more frequently than once each month for each of the Projects. As required in Section 12.3 below, each Draw Request submitted to Agent and Lenders as provided in Section 3.1 hereof shall constitute an affirmation that the representations and warranties contained in Article 8 of this Agreement and in the other Loan Documents remain true and correct as of the date thereof; and, unless Agent and Lenders are notified in writing to the contrary prior to the Drawdown Date of the requested Advance or any portion thereof, shall constitute an affirmation that the same remain true and correct in all material respects on the Drawdown Date (except to the extent of changes resulting from transactions contemplated or permitted by the Loan Documents and changes occurring in the ordinary course of business that either individually or in the aggregate do not result in a Material Adverse Change); provided, however, that (i) the representations and warranties contained in Sections 8.3 and 8.4 below shall refer back to the date of the most recent audited financial statements of Borrower as of the Drawdown Date rather than December 31, 2003; (ii) the representations and warranties contained in Section 8.30 below shall refer back to the date of the most recent sales report for the Projects provided by Borrower pursuant to Section 9.6.4 below; and (iii) the affirmation as to representations and warranties relating to the Projects shall only be made with respect to Projects covered by each Draw Request.